Illinois 2023-2024 Regular Session

Illinois House Bill HB3584 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB3584 EngrossedLRB103 29193 RLC 55580 b HB3584 Engrossed LRB103 29193 RLC 55580 b
2		-	HB3584 Engrossed LRB103 29193 RLC 55580 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3584 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 705 ILCS 105/14 from Ch. 25, par. 14 725 ILCS 120/4 from Ch. 38, par. 1404 Amends the Clerks of Courts Act. Provides that records of judgments include the reporting of all felony convictions and pleas of guilty to the Department of Financial and Professional Regulation for licensure review. Amends the Rights of Crime Victims and Witnesses Act. Provides that a crime victim has the right to file a complaint against the offender with the Department of Financial and Professional Regulation if the offender is licensed by the Department of Financial and Professional Regulation. LRB103 29193 RLC 55580 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3584 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 705 ILCS 105/14 from Ch. 25, par. 14 725 ILCS 120/4 from Ch. 38, par. 1404 705 ILCS 105/14 from Ch. 25, par. 14 725 ILCS 120/4 from Ch. 38, par. 1404 Amends the Clerks of Courts Act. Provides that records of judgments include the reporting of all felony convictions and pleas of guilty to the Department of Financial and Professional Regulation for licensure review. Amends the Rights of Crime Victims and Witnesses Act. Provides that a crime victim has the right to file a complaint against the offender with the Department of Financial and Professional Regulation if the offender is licensed by the Department of Financial and Professional Regulation. LRB103 29193 RLC 55580 b LRB103 29193 RLC 55580 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3584 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
	3	+	705 ILCS 105/14 from Ch. 25, par. 14 725 ILCS 120/4 from Ch. 38, par. 1404 705 ILCS 105/14 from Ch. 25, par. 14 725 ILCS 120/4 from Ch. 38, par. 1404
	4	+	705 ILCS 105/14 from Ch. 25, par. 14
	5	+	725 ILCS 120/4 from Ch. 38, par. 1404
	6	+	Amends the Clerks of Courts Act. Provides that records of judgments include the reporting of all felony convictions and pleas of guilty to the Department of Financial and Professional Regulation for licensure review. Amends the Rights of Crime Victims and Witnesses Act. Provides that a crime victim has the right to file a complaint against the offender with the Department of Financial and Professional Regulation if the offender is licensed by the Department of Financial and Professional Regulation.
	7	+	LRB103 29193 RLC 55580 b LRB103 29193 RLC 55580 b
	8	+	LRB103 29193 RLC 55580 b
	9	+	A BILL FOR
	10	+	HB3584LRB103 29193 RLC 55580 b HB3584 LRB103 29193 RLC 55580 b
	11	+	HB3584 LRB103 29193 RLC 55580 b
3	12		1 AN ACT concerning criminal law.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6		-	4 Section 5. The Rights of Crime Victims and Witnesses Act
7		-	5 is amended by changing Section 4 as follows:
8		-	6 (725 ILCS 120/4) (from Ch. 38, par. 1404)
9		-	7 Sec. 4. Rights of crime victims.
10		-	8 (a) Crime victims shall have the following rights:
11		-	9 (1) The right to be treated with fairness and respect
12		-	10 for their dignity and privacy and to be free from
13		-	11 harassment, intimidation, and abuse throughout the
14		-	12 criminal justice process.
15		-	13 (1.5) The right to notice and to a hearing before a
16		-	14 court ruling on a request for access to any of the victim's
17		-	15 records, information, or communications which are
18		-	16 privileged or confidential by law.
19		-	17 (2) The right to timely notification of all court
20		-	18 proceedings.
21		-	19 (3) The right to communicate with the prosecution.
22		-	20 (4) The right to be heard at any post-arraignment
23		-	21 court proceeding in which a right of the victim is at issue
24		-	22 and any court proceeding involving a post-arraignment
25		-	23 release decision, plea, or sentencing.
	15	+	4 Section 5. The Clerks of Courts Act is amended by changing
	16	+	5 Section 14 as follows:
	17	+	6 (705 ILCS 105/14) (from Ch. 25, par. 14)
	18	+	7 Sec. 14. The clerks shall enter of record all judgments
	19	+	8 and orders of their respective courts, as soon after the
	20	+	9 rendition or making thereof as practicable. This shall include
	21	+	10 the reporting of all felony convictions and pleas of guilty to
	22	+	11 the Department of Financial and Professional Regulation for
	23	+	12 licensure review.
	24	+	13 Immediately after a judgment of dissolution of marriage or
	25	+	14 declaration of invalidity of marriage is granted in this
	26	+	15 State, the clerk of the court which granted the judgment of
	27	+	16 dissolution of marriage or declaration of invalidity of
	28	+	17 marriage shall complete and sign the form furnished by the
	29	+	18 Department of Public Health, and forward such form to the
	30	+	19 Department of Public Health within 45 days after the close of
	31	+	20 the month in which the judgment is rendered.
	32	+	21 (Source: P.A. 83-346.)
	33	+	22 Section 10. The Rights of Crime Victims and Witnesses Act
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34		-	1 (5) The right to be notified of the conviction, the
35		-	2 sentence, the imprisonment and the release of the accused.
36		-	3 (6) The right to the timely disposition of the case
37		-	4 following the arrest of the accused.
38		-	5 (7) The right to be reasonably protected from the
39		-	6 accused through the criminal justice process.
40		-	7 (7.5) The right to have the safety of the victim and
41		-	8 the victim's family considered in determining whether to
42		-	9 release the defendant and setting conditions of release
43		-	10 after arrest and conviction.
44		-	11 (8) The right to be present at the trial and all other
45		-	12 court proceedings on the same basis as the accused, unless
46		-	13 the victim is to testify and the court determines that the
47		-	14 victim's testimony would be materially affected if the
48		-	15 victim hears other testimony at the trial.
49		-	16 (9) The right to have present at all court
50		-	17 proceedings, including proceedings under the Juvenile
51		-	18 Court Act of 1987, subject to the rules of evidence, an
52		-	19 advocate and other support person of the victim's choice.
53		-	20 (10) The right to restitution.
54		-	21 (b) Any law enforcement agency that investigates an
55		-	22 offense committed in this State shall provide a crime victim
56		-	23 with a written statement and explanation of the rights of
57		-	24 crime victims under this amendatory Act of the 99th General
58		-	25 Assembly within 48 hours of law enforcement's initial contact
59		-	26 with a victim. The statement shall include information about
	37	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3584 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
	38	+	705 ILCS 105/14 from Ch. 25, par. 14 725 ILCS 120/4 from Ch. 38, par. 1404 705 ILCS 105/14 from Ch. 25, par. 14 725 ILCS 120/4 from Ch. 38, par. 1404
	39	+	705 ILCS 105/14 from Ch. 25, par. 14
	40	+	725 ILCS 120/4 from Ch. 38, par. 1404
	41	+	Amends the Clerks of Courts Act. Provides that records of judgments include the reporting of all felony convictions and pleas of guilty to the Department of Financial and Professional Regulation for licensure review. Amends the Rights of Crime Victims and Witnesses Act. Provides that a crime victim has the right to file a complaint against the offender with the Department of Financial and Professional Regulation if the offender is licensed by the Department of Financial and Professional Regulation.
	42	+	LRB103 29193 RLC 55580 b LRB103 29193 RLC 55580 b
	43	+	LRB103 29193 RLC 55580 b
	44	+	A BILL FOR
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65		-	HB3584 Engrossed - 2 - LRB103 29193 RLC 55580 b
	50	+	705 ILCS 105/14 from Ch. 25, par. 14
	51	+	725 ILCS 120/4 from Ch. 38, par. 1404
66	52
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69		-	HB3584 Engrossed - 3 - LRB103 29193 RLC 55580 b
70		-	1 crime victim compensation, including how to contact the Office
71		-	2 of the Illinois Attorney General to file a claim, and
72		-	3 appropriate referrals to local and State programs that provide
73		-	4 victim services. The content of the statement shall be
74		-	5 provided to law enforcement by the Attorney General. Law
75		-	6 enforcement shall also provide a crime victim with a sign-off
76		-	7 sheet that the victim shall sign and date as an
77		-	8 acknowledgement that he or she has been furnished with
78		-	9 information and an explanation of the rights of crime victims
79		-	10 and compensation set forth in this Act, including the ability
80		-	11 to file a complaint against an individual who is licensed by
81		-	12 the Illinois Department of Financial and Professional
82		-	13 Regulation.
83		-	14 (b-5) Upon the request of the victim, the law enforcement
84		-	15 agency having jurisdiction shall provide a free copy of the
85		-	16 police report concerning the victim's incident, as soon as
86		-	17 practicable, but in no event later than 5 business days from
87		-	18 the request.
88		-	19 (c) The Clerk of the Circuit Court shall post the rights of
89		-	20 crime victims set forth in Article I, Section 8.1(a) of the
90		-	21 Illinois Constitution and subsection (a) of this Section
91		-	22 within 3 feet of the door to any courtroom where criminal
92		-	23 proceedings are conducted. The clerk may also post the rights
93		-	24 in other locations in the courthouse.
94		-	25 (d) At any point, the victim has the right to retain a
95		-	26 victim's attorney who may be present during all stages of any
	54	+
	55	+	LRB103 29193 RLC 55580 b
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101		-	HB3584 Engrossed - 3 - LRB103 29193 RLC 55580 b
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106		-	1 interview, investigation, or other interaction with
107		-	2 representatives of the criminal justice system. Treatment of
108		-	3 the victim should not be affected or altered in any way as a
109		-	4 result of the victim's decision to exercise this right.
110		-	5 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
	63	+
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	65	+	HB3584 LRB103 29193 RLC 55580 b
	66	+
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	68	+	HB3584- 2 -LRB103 29193 RLC 55580 b HB3584 - 2 - LRB103 29193 RLC 55580 b
	69	+	HB3584 - 2 - LRB103 29193 RLC 55580 b
	70	+	1 is amended by changing Section 4 as follows:
	71	+	2 (725 ILCS 120/4) (from Ch. 38, par. 1404)
	72	+	3 Sec. 4. Rights of crime victims.
	73	+	4 (a) Crime victims shall have the following rights:
	74	+	5 (1) The right to be treated with fairness and respect
	75	+	6 for their dignity and privacy and to be free from
	76	+	7 harassment, intimidation, and abuse throughout the
	77	+	8 criminal justice process.
	78	+	9 (1.5) The right to notice and to a hearing before a
	79	+	10 court ruling on a request for access to any of the victim's
	80	+	11 records, information, or communications which are
	81	+	12 privileged or confidential by law.
	82	+	13 (2) The right to timely notification of all court
	83	+	14 proceedings.
	84	+	15 (3) The right to communicate with the prosecution.
	85	+	16 (4) The right to be heard at any post-arraignment
	86	+	17 court proceeding in which a right of the victim is at issue
	87	+	18 and any court proceeding involving a post-arraignment
	88	+	19 release decision, plea, or sentencing.
	89	+	20 (5) The right to be notified of the conviction, the
	90	+	21 sentence, the imprisonment and the release of the accused.
	91	+	22 (6) The right to the timely disposition of the case
	92	+	23 following the arrest of the accused.
	93	+	24 (7) The right to be reasonably protected from the
	94	+	25 accused through the criminal justice process.
111	95
112	96
113	97
114	98
115	99
116		-	HB3584 Engrossed - 4 - LRB103 29193 RLC 55580 b
	100	+	HB3584 - 2 - LRB103 29193 RLC 55580 b
	101	+
	102	+
	103	+	HB3584- 3 -LRB103 29193 RLC 55580 b HB3584 - 3 - LRB103 29193 RLC 55580 b
	104	+	HB3584 - 3 - LRB103 29193 RLC 55580 b
	105	+	1 (7.5) The right to have the safety of the victim and
	106	+	2 the victim's family considered in determining whether to
	107	+	3 release the defendant and setting conditions of release
	108	+	4 after arrest and conviction.
	109	+	5 (8) The right to be present at the trial and all other
	110	+	6 court proceedings on the same basis as the accused, unless
	111	+	7 the victim is to testify and the court determines that the
	112	+	8 victim's testimony would be materially affected if the
	113	+	9 victim hears other testimony at the trial.
	114	+	10 (9) The right to have present at all court
	115	+	11 proceedings, including proceedings under the Juvenile
	116	+	12 Court Act of 1987, subject to the rules of evidence, an
	117	+	13 advocate and other support person of the victim's choice.
	118	+	14 (10) The right to restitution.
	119	+	15 (11) The right to file a complaint against the
	120	+	16 offender with the Department of Financial and Professional
	121	+	17 Regulation if the offender is licensed by the Department
	122	+	18 of Financial and Professional Regulation.
	123	+	19 (b) Any law enforcement agency that investigates an
	124	+	20 offense committed in this State shall provide a crime victim
	125	+	21 with a written statement and explanation of the rights of
	126	+	22 crime victims under this amendatory Act of the 99th General
	127	+	23 Assembly within 48 hours of law enforcement's initial contact
	128	+	24 with a victim. The statement shall include information about
	129	+	25 crime victim compensation, including how to contact the Office
	130	+	26 of the Illinois Attorney General to file a claim, and
	131	+
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	133	+
	134	+
	135	+
	136	+	HB3584 - 3 - LRB103 29193 RLC 55580 b
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	139	+	HB3584- 4 -LRB103 29193 RLC 55580 b HB3584 - 4 - LRB103 29193 RLC 55580 b
	140	+	HB3584 - 4 - LRB103 29193 RLC 55580 b
	141	+	1 appropriate referrals to local and State programs that provide
	142	+	2 victim services. The content of the statement shall be
	143	+	3 provided to law enforcement by the Attorney General. Law
	144	+	4 enforcement shall also provide a crime victim with a sign-off
	145	+	5 sheet that the victim shall sign and date as an
	146	+	6 acknowledgement that he or she has been furnished with
	147	+	7 information and an explanation of the rights of crime victims
	148	+	8 and compensation set forth in this Act.
	149	+	9 (b-5) Upon the request of the victim, the law enforcement
	150	+	10 agency having jurisdiction shall provide a free copy of the
	151	+	11 police report concerning the victim's incident, as soon as
	152	+	12 practicable, but in no event later than 5 business days from
	153	+	13 the request.
	154	+	14 (c) The Clerk of the Circuit Court shall post the rights of
	155	+	15 crime victims set forth in Article I, Section 8.1(a) of the
	156	+	16 Illinois Constitution and subsection (a) of this Section
	157	+	17 within 3 feet of the door to any courtroom where criminal
	158	+	18 proceedings are conducted. The clerk may also post the rights
	159	+	19 in other locations in the courthouse.
	160	+	20 (d) At any point, the victim has the right to retain a
	161	+	21 victim's attorney who may be present during all stages of any
	162	+	22 interview, investigation, or other interaction with
	163	+	23 representatives of the criminal justice system. Treatment of
	164	+	24 the victim should not be affected or altered in any way as a
	165	+	25 result of the victim's decision to exercise this right.
	166	+	26 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
	167	+
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	172	+	HB3584 - 4 - LRB103 29193 RLC 55580 b